Opinions May 24, 2011

May 24, 2011
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Indiana Supreme Court had posted on opinions by IL deadline.

Indiana Court of Appeals
S.W. by P.W. v. B.K.
Protective order. Reverses trial court’s denial of S.W.’s motion to correct error, remands for a hearing on civil contempt petition, and orders S.W. to be reimbursed $250 appellate filing fee. Held that Indiana code states filing fees will not be assessed for a proceeding seeking relief from or enforcement of a civil protective order.

Paternity of A.S.; B.S. v. E.M.
Juvenile paternity. Affirms trial court’s award of primary custody to mother and remands to trial court for determination of how and when the father may make-up lost parenting time.

Wastewater One, et al. v. Floyd County Board of Zoning Appeals, et al.

Civil plenary. Affirms the trial court’s findings of fact, conclusions of law, and judgment affirming the Board of Zoning Appeals’ denial of the applicant’s conditional use of application for expansion of a sewage treatment plant.

Harold E. York v. State of Indiana
Criminal. Dismisses Harold York’s interlocutory appeal previously granted by the Court of Appeals, in anticipation of the defendant claiming the trial court should have granted his motion to dismiss the charge of Failure to Register as a Sex Offender, a Class D felony. In its decision to dismiss, the appeals court held that the state did not allege York had failed to register under the lifetime requirement, but that he violated the Registration Act by failing to include his fiancee’s house as his residence.  

Term. of Parent-Child Rel. of K.K.; C.W. v. IDCS (NFP)
Juvenile. Affirms termination of parental rights.

Christian D. Howard v. State of Indiana (NFP)
Criminal. Affirms trial court’s revocation of probation and decision to allow hearsay testimony.
Indiana Tax Court had posted no opinions by IL deadline.


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